The family of a Fourth of July homicide victim fears they won’t get justice because of a state law that prohibits young defendants from being tried as adults.

Brandon Mendez Cabrera, 25, of Santa Maria was fatally wounded in a late-night shooting on July 4.

“He was more than a statistic,” the victim’s frustrated mom, Debbie Velazquez, said Thursday. “He was a loving, funny, kind soul. He was a son, a brother, a nephew and someone who had his whole life ahead of him. 

“To know that his life was taken and that nothing will be done about it is something we cannot accept in silence.”

The teen charged with killing him briefly appeared Thursday in Santa Maria Juvenile Court, where the case was continued to September. 

At 11:22 p.m. July 4, Santa Maria police officers were dispatched to the 300 block of West Lolita Lane for a report of a shooting. Upon arrival, they discovered a man with multiple gunshot wounds.

The victim was transported to Marian Regional Medical Center for treatment but was pronounced dead, police said.

Days later, police announced that a juvenile already in custody had been arrested in connection with the killing. 

Since the suspect, referred to as I.H. in court documents, was under 16 year old at the time, his case can’t be transferred to adult court under state law.

While adult court focuses on punishment for those convicted, juvenile court aims to rehabilitate young offenders.

For the most serious crimes, such as murder, prosecutors can file to transfer juvenile cases to adult court. However, several years ago, a change in state law prohibited anyone age 15 or younger from facing charges in adult court no matter the crime. 

That means that the case against the minor referred to as I.H. will remain in juvenile court, where he has been charged with first-degree murder.

“I don’t think that’s justice,” Cabrera’s dad, Juan Carlos Velazquez, said. 

“It’s not fair for my son,” Debbie Velazquez added. 

The criminal complaint for the case against the juvenile included special allegations or sentencing enhancements for a murder committed to promote the activities of a criminal street gang and for the use of a firearm. 

Since I.H. was 15 years old at the time of the shooting, there is no legal mechanism for the prosecution team to request a transfer to adult court, Supervising Deputy District Attorney Catherine Martin said. 

Juvenile court can retain jurisdiction of a minor in a murder case until his 25th birthday, so I.H. would face a maximum commitment time of 10 years, Martin said.

On Thursday morning, approximately a dozen family members and friends stood silent with signs loudly displaying their frustration with the justice system outside the Juvenile Court building on Foster Road in Santa Maria. 

One sign read, “He killed as an adult. Charge him as an adult,” while another read, “Hold killers accountable. Don’t fail another grieving family member.” 

Debbie Velazquez said her son wasn’t affiliated with a gang.

“He’s a gamer. He’s a nerd,” his mom said, describing him as “sweet, humble and respectful.”

He worked as a caregiver for people with disabilities. 

Survivors include a 4-year-old daughter.

“He was happiest ever being around her,” Cabrera’s mom said.

During Thursday’s court appearance, the young defendant sat next to his attorney, Chris Ames. 

The teen spoke only three words, answering “Yes, your honor” when Judge Gustavo Lavayen asked a question about the delay. Ames requested the continuance because of additional discovery. 

The defense attorney said that because of the serious nature of the case, he expected to need a number of months for preparation before setting a date for the contested hearing, the juvenile court term for trial. 

Two days before this week’s court hearing, Cabrera’s family celebrated what would have been his 26th birthday. On Tuesday, they gathered to celebrate and mourn at the Santa Maria Cemetery instead of at a more traditional location for a birthday party.

“I want justice,” Debbie Velazquez said.